N.Ganapathi v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.01.2022
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.1329 of 2021 N.Ganapathi .. Petitioner Vs.
State represented by Inspector of Police, Brammadesam Police Station, Brammadesam, Tiruvannamalai District.
Crime No.277 of 2021 ... Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest by the respondent police in Cr.No.277 of 2021 on the file of the respondent police.
For Petitioner : Mr.E.Sathyaraj For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
(This case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 366(A) of I.P.C @ 363, 366, 376(2)(n) of I.P.C r/w Sections 5(l), 6 of Protection of Children from Sexual Offence Act, 2012, in Crime Number 277 of 2021, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 10.10.2021 at about 12.00.a.m., the petitioner had allegedly kidnapped the defacto complainant's daughter namely Amsavalli aged about 17 years and thereby attempted to perform marriage with her. Hence, the defacto complainant lodged a complainant before the Law Enforcing Agency.
3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that till date no marriage was performed to the victim girl. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor submits that the investigation almost completed and victim girl is under the custody of her parents. He further submitted that statement of the victim girl under section 164Cr.P.C has been recorded. However, he opposed for grant of anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and also considering that the victim girl is secured, this Court is inclined to grant anticipatory bail to the petitioner. 6.
Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate, Cheyyar, Tiruvannamalai District on condition that the petitioner shall execute a bond for a sum of Rs.
[b] the first petitioner shall report before the respondent police on every Tuesday at 10.30.a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[d] the petitioner shall not abscond either during investigation or trial;
[e] on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions has been imposed and the petitioner is released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;
[f] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;
-sd/- 27/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, CHEYYAR, TIRUVANNAMALAI DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, BRAMMADESAM POLICE STATION, BRAMMADESAM, TIRUVANNAMALAI DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.SATHIYARAJ E. Advocate on payment of necessary charges SR.NO.1270 CRL OP.1329/2022 Date :27/01/2022 RW 03/02/2022